The pervasive use of modern technology has resulted in law firms increasingly creating and maintaining files, litigation materials, confidential client information and other data in digital form. This form of data is easy to update, transfer and search. Hence, it can save time and increase efficiency while minimizing errors. Nevertheless, certain risks accompany use of digital data. For example, client data must be maintained in confidence. It must be preserved so that it can be recovered in the future if it is needed. Also, it must be preserved such that it can be produced with reasonable assurance it is in its original unmodified form. These risks create the potential for an attorney to run afoul of rules of professional conduct. To avoid this, an attorney today must be both cognizant of these risks and take reasonable steps to minimize such risks. This article will identify these risks, identify the applicable rules of professional conduct and suggest reasonable actions an attorney must take to avoid violating these rules.
- Professional Conduct
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